In American
Nurses Ass’n v. O’Connell, No. C061150 (Cal. App. Ct. Jun.
8, 201, a California intermediate court held that state law does not
permit trained school personnel who are not licensed nurses to
administer insulin injections to diabetic students pursuant to a § 504
plan under the federal Rehabilitation Act or an individualized
educational program (IEP) under the federal Individuals with
Disabilities Education Act (IDEA). The court reasoned that
federal law did not preempt state law restricting the giving of insulin
shots by licensed nurses, but suggested that state law should be
changed.